“Decreto Liquidità”: emergency provisions for Justice

“Decreto Liquidità”: emergency provisions for Justice

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The Liquidity Decree, amending the previous Care Italy Decree, extends the period of suspension of the activities of the judicial offices and the deadlines for the completion of procedural acts until 11 May 2020. The period of extraordinary suspension therefore becomes 64 days.

For this reason, hearings in civil and criminal proceedings pending at all judicial offices shall be postponed ex officio unti afet 11 May; with regard to procedural documents, the rule provides for the suspension of the time from 9 March to 11 May 2020;

Therefore, if the initial starting point of the time limit falls within the period of suspension, it will be postponed directly until 12 May 2020, the first day following the suspension; whereas, if the time limit within which a certain procedural activity must be carried out falls within the period of suspension and this must be counted backwards, it will be necessary to postpone the hearing or the activity so as to allow the time limit to be respected.

The period of extraordinary suspension shall also apply, where compatible, to mediation, assisted negotiation and out-of-court dispute settlement proceedings if they are brought before the Court of Auditors by 9 March 2020, as well as to proceedings before tax commissions and the military judiciary, and to all the functions and activities of the Court of Auditors.

As far as Administrative Justice is concerned, the Liquidity Decree provides that from 16 April to 3 May (including) the deadlines for the notification of appeals only shakk be suspended, with the exclusion of precautionary proceedings.

Article 37, on the other hand, extends to 15 May 2020 the deadline provided for in Article 103 paragraphs 1 and 5 of Cure Italy Decree for administrative proceedings and for the effectiveness of expiring administrative acts.

Further details are provided in the attached circular.